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Decision of the Standing Committee of the Shanghai Municipal People's Congress on the Cessation of the Implementation of Certain Administrative License Items Created by this Municipality's Local Laws

Decision of the Standing Committee of the Shanghai Municipal People's Congress on the Cessation of the Implementation of Certain Administrative License Items Created by this Municipality's Local Laws
 

(Adopted at the 13th Session of the Standing Committee of the 12th Shanghai Municipal People' s Congress on June 23, 2004)

The bill for requesting the Standing Committee of the Municipal People' s Congress to render the "Decision on the Cessation of the Implementation of Certain Administrative License Items Created by this Municipality' s Local Laws" proposed by the chairpersons' meeting has been reviewed at the 13th Session of the Standing Committee of the 12th Shanghai Municipal People' s Congress. In accordance with relevant provisions of the "Law of the People' s Republic of China on Administrative License" , the Standing Committee of the Shanghai Municipal People' s Congress has decided to cease the implementation of 36 administrative license items created by 22 existing local laws including the "Regulations of Shanghai Municipality on the Supervision of Product Quality" and to amend the relevant local laws timely in accordance with the legal procedure.

This Decision shall become effective on July 1, 2004.

Appendix: Catalogue of 36 administrative license items created by this Municipality' s local laws the implementation of which is to be ceased.

Appendix:

Catalogue of 36 administrative license items created by this Municipality' s local laws the implementation of which is to be ceased

Serial No.

Administrative License Item

Local Laws in which Administrative License Item is Created

Organ of Implementation

1

Approval and issuance  of the qualification certificate for mental health consulting service persons

Clause 1 of Article 15 of the " Regulations of Shanghai Municipality on Mental Health " (adopted on December 28,2001)

The municipal public health administrative department

2

Approval of the qualification of an agency engaged in training personnel for  consulting service of school mental health

Clause 1 of Article 15 of the " Regulations of Shanghai Municipality on Mental Health " (adopted on December28, 2001)

The municipal public health administrative department, the municipal educational administrative department

3

Affirmation of the qualification of energy-saving check and test service agency

Clause 1 of Article 23 of   the "Regulations of Shanghai Municipality on Energy Saving"   (adopted on September 22,1998)

The municipal Economic Commission

4

Approval and issuance  of "Certificate of Environmental Labelled Product" for industrial and agricultural products

Article 48 of  the "Regulations of Shanghai Municipality on Environmental Protection" (adopted on December 8,1994)

The Municipal Environmental Protection Bureau

5

Approval and issuance  of post-eligibility certificate for rail communication operators, dispatchers and other jobholders

Clause 1 of Article 19 of the "Regulations of Shanghai Municipality on the Administration of Rail Communication" (adopted on May 21, 2002)

The Municipal Rail Communication Division

6

Approval and issuance  of "post-eligibility certificate" applied for by jobholders in cultural recreation establishments

Article 6, Item (4) and Article 10, Item (1) of the "Regulations of Shanghai Municipality on the Administration of Cultural Recreation Markets" (adopted on October 27, 1995)

The Municipal Administration of Culture, Broadcasting, Film and Television

7

Examination and approval of the units employing out-of-town laborers

Article 21 and Clause 1of Article 22, of the "Regulations of Shanghai Municipality on the Administration of Out-of-town Transient Persons " (adopted on September 26, 1996)

The municipal, district and county labor and social security bureaus

8

Approval and issuance  of post-eligibility certificate of archives administration post

Article 14 of the "Regulations of Shanghai Municipality on Archives" (adopted on June 16, 1995)

The municipal archives administrative department

9

Affirmation of the qualification of archives intermediary agents

Article 15 of the "Regulations of Shanghai Municipality on Archives" (adopted on June 16, 1995)

The municipal archives administrative department

10

Examination of the eligibility of the unit accepting donation of remains

Article 10 of the "Regulations of Shanghai Municipality on the Donation of Remains" (adopted on December 15, 2000)

The municipal public health administrative department

11

Approval and issuance  of post-eligibility certificate for jobholders in special trades and public places

Clauses 1 and 2 of Article 15 of the "Regulations of Shanghai Municipality on the Public Order and Security Administration in Special Trades and Public Places" (adopted on December 11, 1997)

The Municipal Public Security Bureau

12

Approval and issuance  of the license for out-of-town construction enterprises to enter Shanghai to conduct construction work

Article 8 of the  "Regulations of Shanghai Municipality on the Administration of Building Markets" (adopted on October 21, 1997)

The Municipal Construction  Commission

13

Approval and issuance  of the license for out-of-town engineering survey and design units to  enter Shanghai to undertake survey and design business

Article 8 of the  "Regulations of Shanghai Municipality on the Administration of Building Markets" (adopted on October 21, 1997)

The Municipal Construction Commission

14

Approval and issuance  of the license for out-of-town units to enter Shanghai to undertake construction cost consulting service

 Article 8 of the "Regulations of Shanghai Municipality on the Administration of Building Markets" (adopted on October 21, 1997)

The Municipal Construction Commission

15

Examination and approval of out-of-town waterway transportation operator engaged in intracity commercial waterway cargo and passenger transportation

Article 16 of the "Regulations of Shanghai Municipality on the Administration of Waterway Transportation" (adopted on October 21, 1997)

The Municipal Port Administration

16

Approval and issuance  of the license for production of major products

Article 6 of the "Regulations of Shanghai Municipality on the Supervision of Product Quality" (adopted on August 26, 1994)

The Municipal Bureau of Quality and Technology Supervision

17

Examination and approval of directing and expediting the transport of  cargo during the port storage period

Article 12 of the "Regulations of Shanghai Municipality on the  Administration of the Directing and Expediting of Port Cargo" (adopted on July 22, 1994)

The Municipal Port Administration

18

Examination and approval of directing and expediting the transport of cargo beyond the port storage period

Article 11 of the "Regulations of Shanghai Municipality on the Administration of the Directing and Expediting of Port Cargo" (adopted on July 22, 1994)

The Municipal Port Administration

19

Examination and approval of the stacking service of the port cargo the transport of which is expedited

Clause 1 of Article 15 of the "Regulations of Shanghai Municipality on the Administration of the Directing and Expediting of Port Cargo" (adopted on July 22, 1994)

The Municipal Port Administration

20

Prioritized examination and approval of  business start by the units (self-employed workers) making and selling equipment and special goods for funeral and interment

Clauses 1 and 3 of Article 26 of the "Regulations of Shanghai Municipality on the Administration of Funeral and Interment" (adopted on August 20, 1997)

The Municipal Funeral and Interment Administration Office

21

Prioritized examination and approval of  the business start by the units (self-employed workers) making and selling shrouds and wreaths

Clauses 2 and 3 of Article 26 of the "Regulations of Shanghai Municipality on the Administration of Funeral and Interment" (adopted on August 20, 1997)

The district and county civil affairs bureaus

22

Examination and approval of setting up a labor market for out-of-towners

Clause 1 of Article 23 of the "Regulations of Shanghai Municipality on the Administration of Out-of-town Transient Persons" (adopted on September 26, 1996)

The Municipal Labor and Social Security Bureau

23

Examination and approval of listing gas appliances in the "Catalogue of Fuel-Gas Appliances Permitted for Sale"

Article 31 of the "Regulations of Shanghai Municipality on the Administration of Fuel-Gas" (adopted on January 22, 1999)

The Municipal Fuel-Gas Administration Office

24

Approval and issuance  of the certificate of Shanghai Municipality for permitted use of construction engineering materials

 Clause 2, Article 4 of the "Regulations of Shanghai Municipality on the Administration of Construction Engineering Materials" (adopted on November 26, 1999)

The Municipal Construction  Commission

25

Examination and approval of hanging articles on shade trees

Clause 2 of Article 25 of the "Regulations of Shanghai Municipality on the Administration of Tree-planting, Forestation and Greening" (adopted on January 8, 1987)

The municipal, district and county greening administrative  departments

26

Examination and approval of erecting permanent survey marks

Article 32 of the "Regulations of Shanghai Municipality on the Administration of Surveying and Mapping" (adopted on December 29, 1995)

The municipal surveying and mapping administration department

27

Approval and issuance  of public order permits for partial public places (teahouses, cafes)

Article 5 of the "Regulations of Shanghai Municipality on the Administration of the Public Order in Special Trades and Public Places " (adopted on December 11, 1997)

The Municipal Public Security Bureau

28

Approval and issuance  of the license for special trade (audio-video product copying trade)

Article 5 of the "Regulations of Shanghai Municipality on  the Administration of the Public Order in Special Trades and Public Places " (adopted on December 11, 1997)

The Municipal Public Security Bureau

29

Examination and approval of the enrollment scope of a unit running school by itself at compulsory education stage

Article 8 of the " Procedures of Shanghai Municipality on the Implementation of the 'Compulsory Education Law of the People' s Republic of China' "   (adopted on February 6, 1993)

 

The municipal education administrative department

30

License for schools and teachers asking students to take part in the activities having nothing to do with education

Article 19 of the "Regulations of Shanghai Municipality on the Protection of Youngsters" (adopted on June 20, 1987)

 

The education administrative departments

31

Examination and approval of the necessary delay in the cremation of remains

Clause 1 of Article 20 of the "Regulations of Shanghai Municipality on the Administration of Funeral and Interment" (adopted on August 20, 1997)

 

The Municipal Funeral and Interment Administrative Office or the district and county civil affairs bureaus

32

Examination and approval of the mandatory cremation of the remains beyond the deposit period

Clause 2 of Article 20 of the "Regulations of Shanghai Municipality on the Administration of Funeral and Interment" (adopted on August 20, 1997)

 

 

The Municipal Funeral and Interment Administrative Office or the district and county civil affairs bureaus

33

Examination and approval of temporarily collecting blood by a medical institution conducting emergency treatment

Article 23 of the "Regulations of Shanghai Municipality on Blood Donation" (adopted on September 22, 1998)

The municipal public health administrative department

34

Examination and approval of the use of high-power loudspeakers causing noise pollution in streets, parks, marketplaces, schools and other public places

Article 41 Item (2) of the "Regulations of Shanghai Municipality on Environmental Protection" (adopted on December 8, 1994)

 

The Municipal Environmental Protection Bureau

35

Approval and issuance  of the public order permit for housing lease

Article 14 of the "Regulations of Shanghai Municipality on the Administration of Out-of-town Transient Persons"   (adopted on September 26, 1996)

 

The Municipal Public Security Bureau

36

License of producing and operating in fairs the edible blood of livestock and poultry(License issued by public health administrative department)

Article 5 Item (4) of the " Provisions of Shanghai Municipality on the Administration of Food Hygiene in Urban and Rural Fair Trade " (adopted on July 5, 1985)

 

 

The municipal public health administrative department


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